2021-11-03, U.S. District Courts | Personal Injury | Last name. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 [email protected] (855) 458-3918. July 6, 2017) (citing Holliday v. Lifestyle Lift, Inc., No. B. (internal quotation marks omitted)). Jct Lease Purchase - Page 1 | TruckingTruth Forum . "We are proud to partner with WorkAdvance and provide Tulsans with employment opportunities," said Angie Buchanan, vice president of Melton Truck Lines. If you wish to object to the Settlement but fail to return your timely written objection in the manner specified above, you shall be deemed to have waived any objection and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement. To do so, send a letter to the settlement administrator explaining the basis for your dispute and attach copies of the supporting evidence. Served on 03/25/2021. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). Huddleston has submitted an affidavit outlining the "prohibitive" financial hardship associated with litigating this case in Oklahoma, Huddleston Decl. Christner said the company has seen continuous growth over the past two decades. Served on 03/24/2021. ; all claims for deceptive and unfair trade practices under the Oklahoma Consumer Protection Act, 15 Okla. Stat. CLAIRE V. EAGAN UNITED STATES DISTRICT JUDGE OPINION AND ORDER Now before the Court is Defendants John Christner Trucking, LLC and Three Diamond Leasing, LLC's Motion to Dismiss and Brief in Support (Dkt. John Christner Trucking, LLC, No. John Christner was great at first and then milege saving came to be the normal no matter the load and route drivers lose 100+ miles per load sometimes as high as 200. Good lease to make money. Because the state of California is the real party in interest in this "quasi-administrative enforcement action," Huddleston argues, the state has a strong interest in having the case litigated at home. Plaintiff opposed, ECF No. 1406(a), which provides that "[t]he district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." Whether JCT violated the California Labor Code and Wage Orders will be answered not by looking to the ICOA but instead by the statutes and regulations governing Huddleston's claims. COO John Christner Trucking, LLC . CDL Solo and Team Truck Drivers - Hickory, PA - John Christner Trucking SAFER Web - Company Snapshot JOHN CHRISTNER TRUCKING LLC - Transportation 2004). The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. Phone: 8003241900. Public Records Policy. 4th 15, 21 (2012) (holding that a lawsuit "to enforce rights arising under the Labor Code benefitting employees but not independent contractors" did not "concern the application or interpretation of the" parties' employment agreements because the "petitioners' rights under the Labor Code are distinct from their contractual rights under the [a]greements"). Defendant has agreed to pay $9,250,000.00 to settle this lawsuit (Gross Settlement Amount). Public-interest "factors will rarely defeat a transfer motion, [meaning that] the practical result is that forum-selection clauses should control except in unusual cases." Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to [email protected]. Huddleston has also presented a prima facie case under the purposeful availment test. Education among Chamber's priorities | | tulsaworld.com Hirschbach Motor Lines on Feb. 16 announced that it will acquire Sapulpa, Okla.-based refrigerated carrier John Christner Trucking. at 18. "As a general matter, California courts will enforce adequate forum selection clauses that apply to non-waivable statutory claims, because such clauses do[ ] not waive the claims, they simply submit their resolution to another forum." Fifth, the question of efficient judicial resolution is neutral. 9. If at the conclusion of the 180-day void period, there are any uncashed checks, the settlement administrator will redistribute those monies to Class Participants who did cash their checks. Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. John Christner Trucking is Seeking Lease Purchase Drivers and Owner Operators Solos Start at to $1.20 per Mile Teams Start at $1.25 per Mile John Christner Trucking Benefits: Solos Starts at to $1.20 per Mile Teams Start at $1.25 per Mile Fuel Surcharge paid on all miles - loaded and empty (Text Only - No Attachment). No money will revert to Defendant. We've also provided a list of contacts should you have any questions. Third, JCT does not contest that the exercise of jurisdiction would conflict with the sovereignty of Oklahoma, its state of domicile, though the Court notes that the bulk of Huddleston's claims are brought under California state law, and the FLSA analysis will be the same in either California or Oklahoma. Served on: 03/25/2021. App. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. As discussed above, JCT purposefully injected itself into California through its decision to conduct shipping in the forum. England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. Response date set to 04/14/2021 for David C. Leimbach. For tax reporting purposes, all Individual Settlement Amounts will be reported on an U.S. Internal Revenue Service (IRS) 1099 Form. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. JOHN CHRISTNER TRUCKING, LLC and THREE DIAMOND LEASING, LLC, Defendants. john christner trucking Inc. John Christner Trucking. Huddleston has submitted no evidence of court congestion particular to Oklahoma as opposed to California. Upon the date the Settlement becomes effective (Effective Date), all Class Participants release claims as follows against Defendant, and their present and former parent companies, subsidiaries, divisions, affiliates, successors, predecessors, related companies, and joint ventures, and each of their present and former officers, directors, shareholders, agents, employees, insurers, attorneys, accountants, auditors, advisors, representatives, consultants, administrators, trustees, general and limited partners, predecessors, successors and assigns (collectively, the Released Parties): In addition, all Class Participants expressly waive, as to the Released Claims stated above and based on or arising out of the same factual predicates of the Complaint, running through June 21, 2022, the provisions, rights, and benefits of California Civil Code 1542, which reads: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. 2000). Hirschbach acquires John Christner Trucking - Overdrive Cal. ECF No. In the context of a motion under Rule 12(b)(3), a court need not accept as true all allegations in the complaint, but may consider facts outside the pleadings. 4:20-CV-00638 | 2020-12-07, U.S. District Courts | Contract | See also Kia Motors Am., Inc. v. MPA Autoworks, No. 3d at 1207 n.6. Hirschbach to acquire John Christner Trucking | FleetOwner at 582. The organization will now operate over . Manner of Service: email. Served on 03/24/2021. A truck driver is asking a federal court in Michigan to reconsider its recent decision in a lawsuit regarding overtime pay. It is thus not Huddleston's personal choice to live in California which drives the jurisdictional analysis, but JCT's choice to dispatch deliveries to and from California which does." [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. [21-5025] [Entered: 04/14/2021 04:21 PM], [10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. Here you can view your weekly settlements, insurance and contracts. ***TIDBIT TUESDAY*** QualComm Message Reinder: Every Friday around 10:00 am you receive a message from the driver settlement department on your qual comm. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. For the precise terms and conditions of the Settlement, please see the Joint Stipulation of Settlement and Release of Class and Collective Action available in the documents section of this website, contact Class Counsel toll-free at (800) 689-0024, or access the Court docket in this case, for a fee, through the Courts Public Access to Court Electronic Records (PACER) system at https://ecf.oknd.uscourts.gov/. Yahoo, 433 F.3d at 1206; Schwarzenegger, 374 F.3d at 802. ; all claims for deceptive trade practices under the Oklahoma Deceptive Trade Practices Act, 78 Okla. Stat. Tiffany Lalim - Driver Settlement - John Christner Trucking, LLC | LinkedIn ECF No. If you dispute the number of workweeks as shown on the Notice that was mailed to you, you may produce evidence to the settlement administrator establishing the dates you contend to have worked for Defendant. . jct Logistics - JCT Logistics Manner of Service: email. Scam Internet. Cal. Being primarily a FLSA case, JCT contends, "[i]t cannot be said that JCT's California operations made the FLSA claim (or Oklahoma state claims) uniquely possible." P. 4(k)(1)(A). 1391 (d). Cancellation and Refund Policy, Privacy Policy, and This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. See Leroy v. Great W. United Corp., 443 U.S. 173, 180 (1979) ("The question of personal jurisdiction, which goes to the court's power to exercise control over the parties, is typically decided in advance of venue, which is primarily a matter of choosing a convenient forum."). Robles v. Comtrak Logistics, Inc., No. Response date set to 04/14/2021 for David C. Leimbach. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. Personal Jurisdiction. Made in Oklahoma: John Christner Trucking Inc. Response date set to 04/14/2021 for Michelle S. Lim. You will if you sign a lease! John Christner Trucking, LLC ERRATA/CORRECTION (Re: 269 Unopposed MOTION for Preliminary Approval of Class and Collective Action Settlement) by Thomas Huddleston (With attachments) Northern District of Oklahoma, oknd-4:2017-cv-00549. Code Ann. at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. Can Defendant retaliate against me for participating in this Settlement? 1391. Mark Schremmer, senior editor, joined Land Line in 2015. "Public-interest factors may include 'the administrative difficulties flowing from court congestion; the local interest in having localized controversies decided at home; [and] the interest in having the trial of a diversity case in a forum that is at home with the law.'" Working at John Christner Trucking: 135 Reviews in US - Indeed Huddleston v. John Christner Trucking, LLC (4:17-cv-00549) C 14-01372 LB, 2014 WL 4477349, at *7 (N.D. Cal. This Settlement is a compromise and is not an admission of liability on the part of Defendant. After deductions of these amounts, what remains of the Gross Settlement Amount, or the Net Settlement Amount, will be available to pay monetary Individual Settlement Amounts to (i) Plaintiff; and (ii) Class Members who do not opt out of the Settlement (collectively, Class Participants). Sixth, a California forum is important to Huddleston's interest in convenient relief, since he is a resident of and works in this forum and has averred that traveling to Oklahoma to litigate this case would present a burden. Because California's long-arm statute allows the exercise of personal jurisdiction to the full extent permissible under the U.S. Constitution, the question here is whether assertion of personal jurisdiction over JCT comports with the limits imposed by federal due process. "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." 1404 and the forum-selection clause. First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. The trucking company also contended that the state labor laws in Oklahoma, not California, govern the alleged employment relationship between Huddleston and John Christner Trucking. If you participate in the Settlement, you will have 180 days after the settlement administrator mails your Individual Settlement Amount check to cash it. The Ninth Circuit has established a three-prong test for analyzing a claim of specific personal jurisdiction: (i) the defendant must have purposefully availed itself "of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws"; (ii) the cause of action must "arise[] out of or relate[] to the defendant's forum-related activities"; and (iii) "the exercise of jurisdiction must comport with fair play and substantial justice, i.e. Id. 2021-06-11, U.S. Courts Of Appeals | Other | As such, the argument regarding fraud and overreaching fails. 5) I. Id. [21-5025] [Entered: 04/27/2021 08:32 AM], Docket[10823665] Minute order filed - Notice due that record is complete by 04/27/2021 for Mark C. McCartt, Clerk of Court (oclk). Where a forum-selection clause uses the phrases "arising under," "arising out of," or similar language, the clause is construed narrowly to cover only disputes "relating to the interpretation and performance of the contract itself." Id. Court for W. Dist. In general, managers at John Christner Trucking are good to work with. 1993) holding modified by Yahoo! Mahoney v. Depuy Orthopaedics, Inc., No. 74] of the defendant, John Christner Trucking, LLC ("JCT"). Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. [21-5025] [Entered: 04/20/2021 09:24 AM], [10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. Aug. 13, 2014). Have you been screwed by John Christner Trucking yet? You will if you John Christner Trucking, LLC, N.D. Oklahoma (Case No. A trucker has been awarded $500,000 after being unlawfully detained while making a 2019 delivery in California. Reply at 3. 1. Wreaths Across America CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. at 20. Huddleston I, slip op. If you would like additional information or have any non-legal questions, please contact the Huddleston v. JCT Settlement Administrator: Huddleston v. JCT SettlementAdministratorP.O Box 10269Tallahassee, FL 32302-2269 [email protected](855) 458-3918, This website is designed and maintained by the Settlement Administrator for thelawsuit known as Huddleston v. John Christner Trucking, LLC. Web: www.johnchristner.com. While the Court is sensitive to the potential financial strain involved in litigating this case in Oklahoma, serving as the named plaintiff in a class action is unlikely to carry with it the requirement that Huddleston travel to Oklahoma with much frequency, and Huddleston has failed to explain why litigating in Oklahoma would require substantially more time away from work than litigating in California such that he would be denied the ability to bring the case. 1391(b). See Local Rule 230(g). [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Opp. In a case not involving a forum-selection clause, a district court considering a Section 1404(a) motion would evaluate both the convenience of the parties and various public interest considerations. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. We are all in this together. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. Iskanian v. CLS Transp. ***TIDBIT TUESDAY*** QualComm - John Christner Trucking | Facebook Updated May 4, 2022. A forum-selection clause may be deemed unreasonable under the following circumstances: (1) if the inclusion of the clause in the agreement was the product of fraud or overreaching; (2) if the party wishing to repudiate the clause would effectively be deprived of his day in court were the clause enforced; and (3) if enforcement would contravene a strong public policy of the forum in which suit is brought. Select SOLO DRIVER or TEAM DRIVER. This class action case was initiated by Robert Boulter and co-counsel in 2017 on behalf of driver Thomas Huddleston against Oklahoma based trucking giant John Christner Trucking (JCT) and arises out of its lease purchase program. granted the motion for class certification, International group throws support behind Rhode Islands appeal of truck toll verdict, Vehicle weight at issue in overtime lawsuit, Trucker awarded $500K after being unlawfully detained, Former safety manager receives probation for cargo tank conspiracy. This language has broad reach, and because Huddleston's claims concern the relationship created by the ICOA, which created the working relationship between the parties, his claims fall within the scope of the forum-selection clause. The ICOA's choice-of-law provision is narrower than the forum-selection clause. Id. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], [10825414] Cross-appeal schedule set. 2004). OF INTERESTED PARTIES: n. Served on 03/12/2021. Hirschbach Motor Lines today announced the completion of the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. Court denies four of 19 claims in John Christner Trucking lawsuit Mot. Enjoy the rewards of a partnership with one of the most successful companies in the transportation industry. Please do not contact the court. The combined revenue of both companies will surpass $1 billion and propel . Huddleston v. John Christner Trucking, LLC - Casetext Huddleston's claims arise out of JCT's forum-related activities, and the second requirement is satisfied. The lawsuit was filed in 2017. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] R. 33.1, order filed by (CLK) extending time to file first brief on cross-appeal and appendix until 07/07/2021 for John Christner Trucking, LLC. Company Snapshot JOHN CHRISTNER TRUCKING LLC USDOT Number: 273897 Other Information for this Carrier SMS Results Licensing & Insurance ID/Operations | Inspections/Crashes In US | Inspections/Crashes In Canada | Safety Rating ("[S]tatutes enacted to confer special benefits on workers are designed to defeat rather than implement contractual arrangements." The following persons will be considered Class Members and be eligible to receive an Individual Settlement Amount from the Net Settlement Amount: Plaintiff and persons who meet the requirements of one or more of the following class or collective definitions: California Class All current and former individuals, to the extent they perform(ed) transportation services for Defendant within California from April 12, 2013 to June 21, 2022. Huddleston v. John Christner Trucking, LLC, No. 4:2017cv00549 Forum-selection clauses are also scrutinized for "fundamental fairness," and may be deemed unfair if inclusion of the clause was motivated by bad faith, or if the party had no notice of the forum provision. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. Narayan, 616 F.3d at 899; see Elijahjuan v. Superior Court, 210 Cal. Marine Const. 1995). JCT will continue to operate as a separate, but highly integrated, company with Danny Christner joining Hirschbach as the president of JCT, according to a statement from Hirschbach. Federal Rule of Civil Procedure 12(b)(2) authorizes motions to dismiss for lack of personal jurisdiction. According to court documents, John Christner Trucking is a for-hire motor carrier that provides trucking services nationwide and relies, in part, on drivers who operate trucks leased from its company, Three Diamond Leasing. JCT Customers | John Christner Trucking It is well established that the Fourteenth Amendment's Due Process Clause limits the power of a court to exercise jurisdiction over out-of-state defendants who do not consent to jurisdiction. Response date set to 04/14/2021 for Carolyn H. Cottrell. John Christner Trucking, LLC - Overview, News & Competitors - ZoomInfo Second, litigating in California would impose some burden on JCT, but because "modern advances in communications and transportation have significantly reduced the burden of litigating in another [jurisdiction]," Sinatra v. Nat'l Enquirer, Inc., 854 F.2d 1191, 1199 (9th Cir. The state of California may have an interest in the outcome of this dispute, but that interest is not so overwhelming or unusual that this should be an exception to the general rule that a valid forum-selection clause should be honored. John Christner Trucking asked the court to deny certification because Huddleston has failed to demonstrate that Californias wage and hour laws apply to him or any other putative class member.. Both groups are considered Class Members in this Notice. Marine, 134 S. Ct. at 584. "Courts in the Ninth Circuit have generally agreed that the choice-of-law analysis is irrelevant to determining if the enforcement of a forum selection clause contravenes a strong public policy." Ripoff Report | John Christner Truc Review - Internet, Internet Still others have found that they are neither tort nor contract claims. ROBERTO BALDERRAMA vs. JOHN CHRISTNER TRUCKING, JACQUELINE BRADFORD, Ordosgoitti v. Werner Enterprises, Inc. et al, Chandler et al v. Craters & Freighters Franchise Company, Beissel et al v. Western Flyer Express, LLC, Board of Education of Yukon Oklahoma Public Schools v. SYSCO USA II, LLC, Seay et al v. Oklahoma Board of Dentistry et al, Seay, et al v. Oklahoma Board of Dentistry, et al. Opp. Holland Am. Id. The purposeful-direction requirement is satisfied. Weekly Settlement Deduction with JCT (John Christner Trucking) 4,877 views Jan 20, 2020 64 Dislike Share Save Trucking with Miss Tee 1.95K subscribers Deduction that will come out of your. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. Hirshbach buys John Christner Trucking, boosts its reefer carrier ranking Defendant contends that it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with litigation. Federal judges approved separate class certifications for divers in Oklahoma and California. CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. The lead plaintiff in the lawsuit, Thomas Huddleston, claims he worked as a driver for John Christner Trucking for about four months in 2016. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] at 581 n.6 (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 241 n.6 (1981) (internal quotation marks omitted)). A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." ECF No. Though only a quarter of the loads with pick-ups or drop-offs in California occurred within the Eastern District, that is enough to satisfy the requirement that a "substantial" portion of the events giving rise to the suit arise in the District, "even if a greater part of the events occurred elsewhere." Last year's revenues were $185 million, and the company expects to reach $200 million this year. 10-cv-02049 (WHA), 2010 WL 4569873, at *2-3 (N. D. Cal. Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. John Christner Trucking Reviews - Glassdoor [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. 2009) (called into question on other grounds by Narayan v. EGL, Inc., 616 F.3d 895, 899, 904 (9th Cir. 21% of John Christner Trucking employees are women, while 79% are men. JCT moves to dismiss based on lack of personal jurisdiction and improper venue or, in the alternative, to transfer the case to the Northern District of Oklahoma, the forum specified in the forum-selection clause of the contract between the parties. 2012 WL 393614, at *1 (emphasis supplied). 2015) (construing similar contract and holding that "while Plaintiffs' misclassification claims 'relate to' the ICOA (and thus trigger the forum-selection clause) they would likely not be governed by Arizona law, as only 'the agreement' itself is governed by such law").
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